Kentucky Statutes 507A.020 – Fetal homicide in the first degree
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(1) A person is guilty of fetal homicide in the first degree when:
(a) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS § 507.020(1)(a), he causes the death of an unborn child; except that in any prosecution, a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant‘s situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of fetal homicide in the second degree or any other crime; or
(b) Including but not limited to the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to an unborn child and thereby causes the death of an unborn child.
(2) Fetal homicide in the first degree is a capital offense.
Effective: February 20, 2004
History: Created 2004 Ky. Acts ch. 1, sec. 2, effective February 20, 2004.
(a) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS § 507.020(1)(a), he causes the death of an unborn child; except that in any prosecution, a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant‘s situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of fetal homicide in the second degree or any other crime; or
Terms Used In Kentucky Statutes 507A.020
- Capital offense: A crime punishable by death.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Unborn child: means a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency. See Kentucky Statutes 507A.010
(b) Including but not limited to the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to an unborn child and thereby causes the death of an unborn child.
(2) Fetal homicide in the first degree is a capital offense.
Effective: February 20, 2004
History: Created 2004 Ky. Acts ch. 1, sec. 2, effective February 20, 2004.